This opinion is significant among Eleventh Circuit case law because it discusses in detail the issues of access, substantial similarity, and independent creation despite finding that each issue separately afforded grounds for summary judgment.
SDNY Rakoff, in Nicklen v. Sinclair, effectively followed Breitbart and fulsomely rejected Perfect 10’s “server rule.” And there is more judicial “embed” activity to be expected in the immediate future.
Judge Sammartino denied a motion for summary judgment brought by the plaintiff, Dr. Seuss Enterprises, leaving it to a jury to decide whether ComicMix’s unpublished book – Oh, the Places You’ll Boldly Go! – infringes the copyrights in Dr. Seuss’ famous children’s books.
District Court of Colorado Adopts Meta-Film’s “Access Through an Intermediary” Test in Copyright CaseDavid Aronoff, Michael Beylkin, and Joshua Bornstein
The decision is the first case in the Tenth Circuit to adopt the “access through an intermediary” test of the highly influential and widely-cited decision Meta-Film Assocs v. MCA.
Talk to the Hand: Michigan Copyright and Trademark Lawsuit Over Similar Hand Gesture Images Clapped BackBrian D. Wassom
This lawsuit vindicates the maxim that “no good deed goes unpunished,” but the outcome provides some encouragement for those using advertising images that are minor variations on common themes.
The Second Circuit affirmed the trial court’s dismissal of a copyright infringement lawsuit on fair use grounds
MLRC deputy director thinks through non-fungible tokens.
Sixth Circuit Clarifies When Online Marketplaces Can and Can’t Be Liable for Direct Trademark InfringementSam Zeitlin
The court held that direct trademark liability is limited by the Lanham Act’s requirement that the defendant “use” the mark in a way the Act prohibits, and as a result “some trademark-infringing activity does not create liability.”
The suit raised the typical array of copyright issues relating to such matters as ownership, access, and substantial similarity of protectible expression. Complicating those issues were the long passage of time between creation of the works and the claim of infringement.